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Case T-261/16: Judgment of the General Court of 21 September 2017 — Portugal v Commission (EAGF and EAFRD — Expenditure excluded from financing — Regulation (EC) No 1290/2005 — Direct support scheme for farmers — Regulation (EC) No 73/2009 and Regulation (EC) No 1122/2009 — Milk quota system — Regulation (EC) No 1788/2003 and Regulation (EC) No 595/2004 — Replacement of on-the-spot checks of agricultural holdings by administrative checks)

ECLI:EU:UNKNOWN:62016TA0261

62016TA0261

September 21, 2017
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Official Journal of the European Union

C 374/32

(Case T-261/16) (<span class="super note-tag">1</span>)

((EAGF and EAFRD - Expenditure excluded from financing - Regulation (EC) No 1290/2005 - Direct support scheme for farmers - Regulation (EC) No 73/2009 and Regulation (EC) No 1122/2009 - Milk quota system - Regulation (EC) No 1788/2003 and Regulation (EC) No 595/2004 - Replacement of on-the-spot checks of agricultural holdings by administrative checks))

(2017/C 374/48)

Language of the case: Portuguese

Parties

Applicant: Portuguese Republic (represented by: L. Inez Fernandes, M. Figueiredo, J. Saraiva de Almeida and P. Estêvão, acting as Agents)

Defendant: European Commission (represented by: initially A. Lewis, G. Braga da Cruz and J. Guillem Carrau, then A. Lewis and B. Rechena, acting as Agents)

Re:

Application based on Article 263 TFEU and asking for annulment of Commission Implementing Decision (EU) 2016/417 of 17 March 2016 excluding from European Union financing certain expenditure incurred by the Member States under the European Agricultural Guarantee Fund (EAGF) and under the European Agricultural Fund for Rural Development (EAFRD) (OJ 2016 L 75, p. 16), including that carried out by the Portuguese Republic in the context of ‘[o]ther Direct Aid — [a]rticle 68 — 72 of Regulation (EC) No 73/2009’ for the financial years 2011 to 2013 of a total amount of EUR 385 762,22.

Operative part of the judgment

The Court:

1)Dismisses the action;

2)Orders the Portuguese Republic to pay the costs.

(<span class="super">1</span>) OJ C 270, 25.7.2016.

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